H.B. 329 Enrolled

HARMFUL MATERIAL TO A MINOR
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Perry Buckner
AN ACT RELATING TO THE CRIMINAL CODE; OFFENSES AGAINST PUBLIC HEALTH,
SAFETY, WELFARE, AND MORALS; ELIMINATING THE PROTECTION FROM
PROSECUTION OF A PARENT WHO INTENTIONALLY DEALS IN HARMFUL
MATERIAL TO A MINOR; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-10-1206, as last amended by Chapter 163, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-1206 is amended to read:
76-10-1206. Dealing in harmful material to a minor.
(1) A person is guilty of dealing in harmful material when, knowing that a person is a
minor, or having failed to exercise reasonable care in ascertaining the proper age of a minor, he:
(a) [knowingly] intentionally distributes or offers to distribute, exhibits or offers to exhibit
any harmful material to a minor;
(b) intentionally produces, presents, or directs any performance before a minor, harmful
to minors[,]; or
(c) intentionally participates in any performance before a minor, harmful to minors[; or].
[(c) falsely pretends to be the parent or legal guardian of a minor and thereby causes the
minor to be admitted to an exhibition of any harmful material.]
[(2) (a) This section does not prohibit any parent or legal guardian from distributing any
harmful material to his minor child or ward or from permitting his minor child or ward to attend
an exhibition of any harmful material if the minor child or ward is accompanied by him.]
[(b) This section does not prohibit a person from exhibiting any harmful material to a
minor child who is accompanied by his parent or legal guardian or by any person whom he
reasonably believes to be the parent or legal guardian of that child.]

[(3)] (2) Each separate offense under this section is a third degree felony punishable by a
minimum mandatory fine of not less than $300 plus $10 for each article exhibited up to the
maximum allowed by law and by incarceration, without suspension of sentence in any way, for a
term of not less than 14 days. This [subsection] section supersedes Section 77-18-1.
[(4)] (3) If a defendant has already been convicted once under this section, each separate
further offense is a second degree felony punishable by a minimum mandatory fine of not less than
$5,000 plus $10 for each article exhibited up to the maximum allowed by law and by incarceration,
without suspension of sentence in any way, for a term of not less than one year. This [subsection]
section supersedes Section 77-18-1.

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